Luxembourg Law of 1 August 2018 on Data Protection (GDPR Implementation)
Labour Code Article L.261-1 as replaced by Article 71: surveillance of employees – Luxembourg Law of 1 August 2018 on Data Protection (GDPR Implementation)

Luxembourg Law of 1 August 2018 on Data Protection (GDPR Implementation) L.261-1(2): Labour Code L.261-1(2): inform the staff representatives in advance, with the purpose, the method, retention and a formal non-use commitment

What does L.261-1(2) require?

Without prejudice to each employee's own right to information, the employer must inform in advance: for private-law employees, the joint committee, failing that the staff delegation, failing that the Labour and Mines Inspectorate (ITM); for employees under a statutory regime, the staff representative bodies provided by the applicable rules. The prior information must contain a detailed description of the purpose of the planned processing and of how the surveillance system will be implemented, where relevant the retention period or criteria, and a formal commitment by the employer not to use the data collected for any purpose other than the one stated explicitly in the prior information.

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